(a) A person commits the crime of operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates a commercial motor vehicle

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 28.33.030

  • commercial motor vehicle: means a motor vehicle or a combination of a motor vehicle and one or more other vehicles
    (A) used to transport passengers or property. See Alaska Statutes 28.90.990
  • Conviction: A judgement of guilt against a criminal defendant.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) while under the influence of an alcoholic beverage, inhalant, or any controlled substance;
(2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.04 percent or more by weight of alcohol in the person’s blood or 40 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.04 grams or more of alcohol per 210 liters of the person’s breath; or
(3) while under the combined influence of an alcoholic beverage, inhalant, and a controlled substance.
(b) Operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor.
(c) The sentencing of a person convicted under this section shall be in accordance with the minimum periods of imprisonment, fines, rehabilitative treatment, and other provisions of Alaska Stat. § 28.35.030, as if the person had been convicted of a violation of Alaska Stat. § 28.35.030. For purposes of sentencing, convictions for operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance under this section, and for refusal to submit to a chemical test under Alaska Stat. § 28.35.032, if arising out of a single transaction, are considered one previous conviction.
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